Delhi High Court

An observation was made by the Delhi High Court while deporting a petition filed by a Delhi University student allegedly snagged cheating during the examination, that ‘copying and cheating’ in the examination should be considered as a pandemic which can ruin society and the educational system of any country.

A single-judge bench of Justice Pratibha M. Singh contemplated stated that Copying and cheating in examinations act like a virus in a student’s life. It is a pandemic which may damage the society and the educational system of any country. It can have a detrimental effect on the academics if shown leniency or left unchecked. The quality of the educational system should always be unerring for the growth of any country.

The matter came into light while the court was hearing the petition filed by a final year student of B.A. (H) Economics at Delhi University’s Daulat Ram College challenging the order given by the University of terminating her examinations for the whole semester.

The behavior of all stakeholders has to reflect obligation and also be immaculate whether it is the paper setters conserving absolute seclusion, students not cheating, invigilators being watchful, examiners doing their job with extreme zeal knowing that the future of students is in their hands, Universities, and colleges not altering the results, the court announced.

It was discerned by the Court after giving attention to both the sides of the matter that, the pleader was not heard in acknowledgment of the show-cause notice and thus her appeal for natural justice turned out to be a specious appeal.

The court further noticed that a reply to the show-cause notice was written by the petitioner, but she repressed the said reply. The petitioner has also come out in front of the EDC and signed the ‘Undertaking For Good Conduct’. An apology was made by her after receiving counseling and her case was assessed with sympathy by the Committee. Nothing more could have been done by the University. These facts weren’t publicized in the writ petition or during oral submission. As per the writ petition, the case of the petitioner conceals more than what is revealed and her knowledge is inexact.

It was asserted by the Court that the documents elicited by the University uncover that the exercising of unfair means does not circumvent even admirable students. This case could be taken under the illustration of why the merit or otherwise of a student in the past should be entirely trivial when such malpractices are taken under consideration, it stated.

The Court expressed discontentment and angst over the behavior of the petitioner. Ideally, the Court could have taken a stricter action against her. Nevertheless, taking her age and the fact that she is still a student into consideration, the court decided not to take any further action against her, even after noticing her immoral conduct.

The court dismissed the petition after following the observations. It said that the present case is one of those which does not call for mainly interfering in the practice of unusual constitutional solutions, but also favoring the petitioner, who has not been ethical and truthful to the court. Consequently, while ensuring the punishment imposed on the petitioner, the present written petition is terminated, it stated.

It further stated that the Court has perused the result for the remaining three papers which has been submitted
by the University to the Court Master. Regardless of this, the Court is of the judgment that no directions in respect of the same are called for. The decision of the University to cancel the whole examination is ratified.



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